UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


LAW  LIBRARY 


WISCONSIN  LIBRARY  COMMISSION 
LEGISLATIVE  REFERENCE  DEPARTMENT 
COMPARATIVE  LEGISLATION  BULLETIN 

No  16 


MADISON  WISCONSIN 
DECEMBER  1008 


TELEPHONES 


INTERCHANGE  OF  SERVICE 


LAURA  SCOTT 


COMPARATIVE  LEGISLATION  BULLETIN— No  1ft— AUGUST,  1908 

Prepared  with  the  co-operation  of  the  Political  Science 

Department  of  the  University  of  Wisconsin 


WISCONSIN  LIBRARY  COMMISSION 
LEGISLATIVE  REFERENCE  DBP"T 

MADISON  Wis 


T 


CONTENTS 


REFERENCES  4 

METHODS  OF  ENACTMENT 5 

Constitutional 5 

Legislative 5 

HISTORY  OF  INTERCHANGE  OF  SERVICE 6 

Foreign  countries 6 

United  States 8 

LAWS  AND  JUDICIAL  DECISIONS 9 

Foreign 9 

United  States - 10 

Transmission  of  messages 10 

Physical  connection 13 

SALIENT  FEATURES 18 

Jurisdiction 18 

People 18 

Legislature 18 

Compulsory  interchange 19 

Optional  interchange 19 

Application  for  interchange  of  service 19 

Expense  of  connection 20 


REFERENCES 


BENNETT,  A.  It.  The  telephone  systems  of  the  continent  of 
Europe.  1895. 

Comparative  discussion  of  the  services  and  the  general  opera- 
tion of  the  telephone  systems  of  Europe. 

BURGESS,  WALTER.  Report  on  the  foreign  situation  before 
the  special  telephone  commission  of  the  Chicago  city 
council.  April  3,  1907. 

CANADA.  Select  committee  on  telephone  systems,  1905,  2 
vols. 

Contains  minutes  of  proceeding's;  minutes  of  evidence;  interior 
reports;  synopsis  of  exhibits. 

CARMICHAEL,  E.  G.  M.  Law  of  the  telegraph,  telephone  and 
submarine  cable.  England,  1904. 

Contains  the  law  of  England  relating  to  telephones  and  the 
agreements  existing  between  the  National  telephone  company 
and  the  Postmaster  General  of  England. 

CHICAGO.  Report  of  special  telephone  commission  to  the  city 
council  of  Chicago.  1907. 

Discussion  of  interchange  of  service  between  telephone  com- 
panies. 

CINCINNATI,  (OHIO).  Committee's  report  and  action  in  coun- 
cil in  Cincinnati  case.  1906. 

Contains^ report  of   committee  of  city  council  of  Cincinnat 
on  telephones,  telegraphs  and  conduits. 

JONES,  S.  W.  Treatise  on  the  law  of  telegraph  and  tele- 
phone companies.  1906. 

UNITED  STATES.  Department  of  Commerce  and  Labor. 
Monthly  consular  and  trade  reports.  March,  1907.  p. 
1983-4. 


METHODS  OF  ENACTMENT 


Interchange  of  service  between  telephone  com- 
panies has  been  required  by  constitutional  and  legis- 
lative enactments. 

Constitutional 

Many  of  the  states  allow  or  require  interchange 
of  service  between  telephone  companies  by  provisions 
in  the  constitution. 

Compare  the  constitutional  provisions  of  Alabama,  Const. 
1901,  sec.  239;  Idaho,  Const.  1888,  art.  11,  sec.  13:  Kentucky, 
Const.  1891,  sec.  199:  Montana,  Const,  1888,  art,  25,  sec.  14; 
Oklahoma,  Const,  1907,  art.  9,  sec.  5:  Washington,  Const.  1888, 
art.  12,  sec.  19. 

Legislative 

The  legislature  in  some  of  the  states  and  provinces 
requires  interchange  of  service  between  telephone 
companies  by  direct  enactment  or  by  delegating  the 
power  to  require  such  interchange  to  an  administra- 
tive commission  or  board. 

Compare  the  laws  of  Connecticut,  Gen.  St.  1902,  sec.  3912; 
Indiana,  Rev.  St.  1901.  sec.  5529:  Louisiana,  laws  of  1904,  p. 
28:  Maine,  Rev.  St.  1903,  c.  55.  sec.  12:  Maryland,  Code  of 
public  and  general  laws,  1904.  art.  23,  sec.  336:  Missouri.  Ann. 
St.  1906.  sec.  1255:  Montana,  Civil  Code.  1895.  sec.  1001;  New 
York,  laws  of  1890,  c.  566,  art,  8,  sec.  103:  Ohio,  Bates  Ann. 
Rev.  St.  1787-1906,  sec.  3462,  sec.  3471:  South  Carolina,  laws 
of  1904,  p.  496:  South  Dakota,  laws  of  1907,  c.  239:  Texas, 
laws  of  1907,  p.  462-3:  Vermont,  St.  1894,  sec.  4257:  Virginia, 
laws  of  190(5.  c.  310,  sec.  2:  Saskatchewan  (Canada),  laws  of" 
1908.  c.  6,  sec.  17,  18  and  c.  7,  sec.  14.  15. 


TELEPHONES 


HISTORY   OF  INTERCHANGE   OF 
SERVICE 


JToreign  countries 

In  most  of  the  foreign  countries  the  telephone 
"system  is  owned  and  operated  by  the  government  and 
:there  is  intercommunication  on  the  entire  system. 

England?-  The  government  owns  the  trunk  lines 
and  private  or  municipal  corporations  own  the  local 
exchanges.  An  agreement  exists  between  the  Post- 
master General  and  the  National  Telephone  company 
which  provides  for  the  intercommunication  between 
'the  two  systems.  The  trunks  for  connecting  the  ex- 
changes are  provided  by  the  Postmaster  General,  the 
wires  of  the  postoffice  extending  to  the  wall  of  the 
building  in  which  the  exchange  of  the  National 
Telephone  company  is  situated. 

Italy.2  The  government  owns  the  trunk  lines  and 
c6nnects  private  systems.  The  telephone  system  of 
the  Scieta  Telefonica  per  I'Alta  Italia,  which  con- 
trols several  companies  in  upper  Italy,  connects  with 
the  national  and  the  Swiss  government  lines. 

1  Report  of  Walter  Burg-ess  on  the  foreign  situation,  before  the  special 
telephone  commission  of  the  Chicago  city  council.  April  3.  1907.   *".''! 

ML  S.  Department  of  commerce  and  labor.    Monthly  consular  and 
trade  reports.    March.  1907.  p.  183-4. 


TELEPHONES  7 

The  telephone  systems  in  Sweden  are 
principally  government  owned,  but  there  are  a  few  sys- 
tems privately  owned,  similar  to  co-operative  systems 
in  the  United  States.  There  is,  however,  one  large  pri- 
vate company  in  Stockholm  which  controls  the  systems 
of  the  Bell  Telephone  company  of  Stockholm  and  the 
Stockholm  General  Telephone  company.  Both  com- 
panies operate  in  conjunction  and  are  practically  one 
system.  In  1889  the  government  built  an  exchange 
in  Stockholm  and  began  active  competition  with  the 
private  company.  Intercommunication  was  given  be- 
tween the  private  and  the  government  systems  until 
1903,  for  which  a  charge  was  made  of  2.7  cents  per 
message.  In  1903  difficulty  arose  as  to  the  charge 
for  such  connection. 

The  goverment  wished  to  reduce  the  price  and  the 
company  desired  to  retain  the  charge  as  it  then 
existed.  The  question  became  very  acute  and  re- 
sulted in  the  discontinuance  of  the  intercommunica- 
tion. The  city  authorities  refused  further  grants  of 
rights  of  way  to  either  company  until  the  connec- 
tion was  renewed.  As  the  result  of  the  controversy 
and  the  great  demand  brought  to  bear  by  the  public  the- 
companies  established  an  "Exchange  Bureau," — each: 
company  renting  a  phone  of  the  other  and  employ- 
ing an  operator  to  transmit  each  other's  messages 
for  which  the  goverment  made  a  charge  of  1.37  cents 
and  the  private  company  2.7  cents  per  message  which 
rates  correspond  with  the  pay  station  rates,  of  each 

1  ReiK>rt  of  Walter  Bursresson  the  foreign  situation,  before  the  siieoial 
telephone  commission  of  the  Chicago  city  council.  April  3.  1W. 


8  TELEPHONES 

company  respectively,   for   a  three  minute  conversa- 
tion. 

United  States 

Interchange  of  service  by  telephone  companies  is 
accomplished  either  by  the  transmission  of  each 
other's  messages  or  by  actual  physical  connection  of 
their  respective  lines. 

Interchange  of  service  in  the  toll  traffic  has  been 
furnished  for  many  years  whenever  satisfactory  con- 
tracts could  be  entered  into  by  noncompetitive  com- 
panies. 

Compulsory  interchange  between  competitive  as 
well  as  noncompetitive  companies  has  been  agitated 
for  the  last  ten  years,  or  practically  ever  since  the  ap- 
pearance of  competition  in  the  telephone  field. 

As  early  as  1897  a  bill  (No.  357  S.)  was  intro- 
duced in  the  Wisconsin  legislature  requiring  toll 
companies  to  furnish  connection  with  their  toll  lines 
to  local  exchange  companies.  Since  that  time  bills 
requiring  such  connections  and  also  connections  be- 
tween local  exchanges  of  competitive  companies  have 
been  introduced  every  regular  session  of  the  Wiscon- 
sin legislature. 

Many  of  the  other  states  have  had  the  same  exper- 
ience. Bills  have  been  introduced  in  Illinois,  Michi- 
gan, Missouri,  Mississippi,  Montana,  New  Jersey, 
New  York,  Ohio,  Oklahoma,  South  Dakota  and  Texas. 


TELEPHONES 


LAWS  AND  JUDICIAL  DECISIONS 


Foreign  countries 

Saskatchewan  (Canada),  laws  of  1908,  c.  6,  sec.  17. 
Every  municipal  council  has  power  to  enter  into  any 
agreement  or  agreements  with  any  person  con- 
trolling, owning  or  operating  any  private,  foreign, 
rural  or  other  telephone  system  for  the  purpose  of 
providing  for  connection,  intercommunication,  joint 
operation,  reciprocal  use  or  transmission  of  business 
as  between  any  such  system  and  any  municipal  tele- 
phone system  and  make  such  arrangements  as  are 
deemed  advisable  for  the  proper  apportionment  of 
expenditures  and  commissidns,  the  division  of  re- 
ceipts and  profits,  payment  of  compensation  or  such 
other  adjustments  as  may  be  necessary  under  any  such 
agreement. 

sec.  18.  In  case  for  any  cause  any  person  control- 
ing,  owning  or  operating  any  private  or  rural  tele- 
phone system  refuses,  fails  or  neglects  to  enter  into 
an  agreement  with  a  municipal  council  for  any  or 
all  of  the  purposes  mentioned  in  section  17  the  coun- 
cil reports  the  matter  to  the  commissioner  of  rail- 
ways, telegraphs  and  telephones,  who  has  power  to 
take  all  steps  necessary  or  expedient  to  provide  there- 
for upon  such  terms  and  conditions  as  may  be  deter- 
mined by  him. 


10  TELEPHONES 

c.  7,  sec.  13,  14.  The  same  provisions  are  made 
in  regard  to  the  interchange  of  service  between  rural 
systems  as  are  made  by  chapter  6  in  regard  to  the 
interchange  of  service  between  municipal  companies 
and  rural  companies. 

England.  62  and  63  Viet.,  c.  38,  sec.  5.  If  the 
license  of  an  existing  company  is,  under  the  provision 
of  this  section,  extended  in  respect  of  any  exchange 
area  for  a  period  of  not  less  than  ten  years  beyond 
the  term  existing  at  the  passing  of  this  act  (1899), 
the  company  is  required,  at  the  request  of  any  other 
licensee  of  the  Postmaster  General  under  circum- 
stances and  on  such  terms  and  conditions  as  may  be 
prescribed  by  the  Postmaster  General,  to  furnish 
proper  facilities  for  the  transmission  of  messages 
from  the  patrons  of  one  system  to  the  patrons  "on 
another. 

United  States 

Transmission  of  messages 

Connecticut.     Gen.    St.    1902,    sec.    3912.     Requires 

telephone  companies  to  receive  dispatches   for  any 

other  telephone  company  and  transmit  them  in  the 

order   received   on    payment   of   their    usual    charge. 

Penalty  for  violation  $100  for  every  neglect  so  to  do, 

Kentucky.  Const.  1891,  sec.  199.  Requires  tele- 
phone companies  operating  exchanges  in  different 
towns  or  cities  or  other  public  stations  to  receive  and 
transmit  each  other's  messages  without  reasonable 
delay  or  discrimination. 

Louisiana.     Laws    of    1904,    p.    28.     The    railroad 


TELEPHONES  11 

commission  has  power  to  require  all  telephone  com- 
panies upon  demand  of  any  person  to  attach  and 
make  joint  rates  for  the  transmission  of  messages 
by  telephone  between  all  points  in  the  state  but  a 
telephone  company  is  not  required  to  connect  its 
wires  and  apparatus  with  the  wires  and  apparatus 
of  another  company. 

Missouri.  Ann.  St.  1906,  sec.  1255.  Telephone 
companies  are  required  to  receive  and  transmit  dis- 
patches for  other  companies  under  a  penalty  of  $200. 

sec.  1256.  When  a  person  sending  the  dispatch 
desires  to  have  it  forwarded  over  the  lines  of  other 
telephone  companies,  whose  termini  are  respectively 
within  the  limits  of  the  usual  delivery  of  such  com- 
panies, to  the  place  of  final  destination  and  tenders 
to  the  first  company  the  amount  of  the  usual  charges 
for  the  distance  to  the  place  of  final  delivery,  it  is 
the  duty  of  the  company  to  receive  the  same  and 
without  delaying  the  dispatch,  to  pay  to  the  suc- 
ceeding line  the  necessary  charges  for  the  remain- 
ing distance.  It  is  the  duty  of  the  succeeding  line 
or  lines  to  receive  the  same  and  forward  the  dis- 
patch in  the  same  manner  as  if  the  person  sending 
the  same  had  applied  in  person  to  the  agent  of  such 
line  or  lines  and  paid  to  him  the  usual  charges. 

A  company  must  have  refused  to  transmit  a  written  dis- 
patch. It  is  not  liable  to  the  penalty  for  the  refusal  to  place 
party  in  direct  personal  connection  with  another  over  its  tele- 
phone system.  Pollard  v.  Missouri  and  K.  Telephone  Com- 
pany (1905),  90  S.  W.  121. 

New  York.  Laws  189Q,  c.  566,  art.  8,  sec.  103. 
Requires  every  telephone  corporation  to  receive  and 


12  TELEPHONES 

transmit    dispatches    from    and    for  .other    telephone 
corporations. 

A  reasonable  construction  of  this  statute  does  not  require 
one  telephone  company  to  supply  connections  with  its  system 
to  another  company  so  that  the  latter  may  utilize  the  con- 
nected system  as  a  part  of  its  own  and  transmit  thereover  its 
own  messages  on  payment  of  the  merely  nominal  sum  required 
of  ordinary  subscribers.  People  ex  rel.  Postal  Tel.  Cable  Co. 
v.  Hudson  River  Tel.,  (1887),  19  Abb.  N.  C.  466. 

Ohio.  Bates  Ann.  Rev.  St.  1787-1906.  sec.  3462. 
Requires  every  company  operating  a  telegraph  line  to 
receive  dispatches  from  and  for  other  telephone  com- 
panies. 

sec.  3471.  The  provision  of  the  statutes  relating 
to  telegraph  companies  applies  to  telephone  companies. 

Virginia.  Laws  of  1906,  c.  310,  sec.  2.  It  is  the 
duty  of  every  telephone  company  doing  the  business 
of  transmitting  and  receiving  messages  for  compen- 
sation in  this  state  to  transmit  dispatches  and  mes- 
sages from  and  for  every  telephone  company  upon 
the  payment  of  the  established  charges  therefor, 
under  a  forfeiture- of  $100  for  a  refusal  to  the  per- 
son wishing  to  send  such  message. 

•Washington.  Const.  1888,  art.  12,  sec.  19.  Any 
association  or  corporation  organized  for  the  purpose, 
or  any  individual  may  have  the  right  to  construct  and 
maintain  line  of  telegraph  and  telephone  within  the 
state.  Such  companies  are  required  to  receive  and 
transmit  each  other's  messages  without  delay  or  dis- 
crimination. 

This  provision  of  the  constitution  is  not  self  executing. 
State  v.  City  of  Spokane,  (1901),  63  Pac.  1116. 


TELEPHONES  13 

Physical  connection 

Alabama.  Const.  1901,  sec.  239.  Telephone  com- 
panies shall  have  the  right  to  construct  and  maintain 
lines  of  telephone  within  this  state  and  connect  the 
same  with  other  lines. 

Idaho.  Const.  1888,  art.  11,  sec.  13.  Any  tele- 
phone company  shall  have  the  right  to  connect  its 
line  of  telephone  with  other  lines  andl  the  legisla- 
ture shall  by  general  law  of  unifofm  operation  provide 
reasonable  regulations  to  give  full  effect  to  this  sec- 
tion. 

Indiana.  Rev.  St.  1901,  sec.  5529.  Requires  every 
telephone  company  to  supply  all  applicants  for  the 
telephone  connections  and  facilities  with  such  con- 
nections without  discrimination  against  any  individ- 
ual or  company  engaged  in  the  same  business  by  re- 
quiring as  a  condition  for  furnishing  such  facilities 
that  they  shall  not  be  used  in  the  business  of  the  ap- 
plicant. 

Telephone  companies  are  required  not  only  to  furnish  a 
telephone  instrument  and  connections  but  also  facilities  to 
use  such  instrument.  Central  Union  Telephone  Co.  v.  Fehr- 
In«?,  1896,  140  Ind.  189. 

Maine.  Rev.  St.  1903,  c.  55,  sec.  12.  Requires 
every  corporation  operating  a  telephone  line  within 
the  state  to  allow  any  other  telephone  corporation  con- 
nection between  such  lines  upon  the  same  rates  as 
charged  for  the  same  distances  upon  the  lines  of  the 
corporation  so  connecting  and  the  same  charges  for 
the  use  of  telephone  exchanges  as  for  the  patrons  of 
such  corporations. 

Maryland.     Code  of    Public  and    General    Laws  of 


14  TELEPHONES 

1904,  art.  23,  sec.  33G.  Requires  every  telephone 
company  engaged  in  the  general  telephone  business 
to  supply  all  applicants  for  telephone  connections  and 
facilities  with  such  connections  and  facilities  without 
discrimination ;  nor  shall  such  companies  discriminate 
against  any  individual  or  company  engaged  in  the 
same  business  by  requiring  as  a  condition  for  furnish- 
ing such  facilities  that  they  shall  not  be  used  in  the 
business  of  the  applicant  or  otherwise  for  any  law- 
ful purpose. 

Montana.  Const.  1888,  art.  25,  sec.  14.  Telephone 
companies  have  the  right  to  connect  their  lines  of 
telephone  with  other  lines  of  telephone  within  the 
state  and  the  legislature  shall  by  law  of  uniform 
operation  provide  reasonable  regulation  to  give  full 
effect  to  this  section. 

Civil  Code,  1895,  sec.  1001.  Telephone  companies 
have  the  right  to  connect  their  respective  lines  with 
other  lines  and  in  case  such  corporations  cannot  agree 
as  to  the  compensation  to  be  paid  for  the  privilege  of 
connection,  the  acquiring  of  the  right  by  the  one  to 
use  the  line  of  the  other,  may  be  had  in  proceedings 
under  the  Code  of  Civil  Procedure  and  the  damages 
assessed  and  the  right  of  connection  granted  as  pro- 
vided in  the  Code  of  Civil  Procedure. 

Under  the  Montana  constitution  and  statutes  a  telephone 
company  is  compelled  to  furnish  physical  connection  and  the 
use  of  its  line  to  any  other  telephone  company.  If  no  agree- 
ment is  reached  the  damages  must  be  assessed  as  provided 
under  Code  of  Civil  Procedure,  sec.  2220.  Billings  Mutual 
Tel.  Co.  v.  Rocky  Mountain  Bell  Tel.  Co.,  (1907),  155  Fed.  207. 

Oklahoma.  Const.  1907,  art.  9,  sec.  5.  All  telephone 
companies  operated  for  hire  shall  transmit  each  other's 


TELEPHONES  15 

messages  and  make  physical  connections  with  each 
other's  lines  under  such  rules  and  regulations  as  may 
be  prescribed  by  law  or  by  any  commission  created 
by  this  constitution,  or  any  act  of  the  legislature  for 
that  purpose. 

Since  the  adoption  of  the  constitution  the  telephone  com- 
panies are  complying  with  this  provision  and  the  corporation 
commission  which  has  the  power  to  regulate  telephone  com- 
panies has  not  found  it  necessary  to  make  any  order  prescrib- 
ing- rules  and  regulations  regarding  physical  connection. 

South  Carolina.  Laws  of  1904,  p.  496.  The  railroad 
commission  has  the  power  to  require  reasonable  con- 
nections to  be  made  and  maintained  when  practicable 
between  the  lines,  stations  or  exchanges  of  telephone 
companies  and  the  lines  or  stations  of  private  individ- 
uals, firms  or  corporations  desiring  such  connections 
and  fix  and  regulate  tolls  and  charges  therefor. 

South  Dakota.  Laws  of  1907,  c.  239,  sec.  8.  The 
board  of  telephone  commissioners  have  jurisdiction  to 
compel  the  connection  of  different  telephone  lines  in 
the  state  of  South  Dakota  and  any  company  so  desir- 
ing is  to  make  application  to  the  board  of  telephone 
commissioners.  If  the  commission  after  investigation 
determine  public  convenience  demands  such  connec- 
tion and  the  lines  of  the  applicant  are  in  proper  con- 
dition, the  commission  shall  order  such  connection  to 
be  made  and  shall  apportion  the  expense  thereof,  pro- 
vided no  toll  wire  used  exclusively  for  through  busi- 
ness shall  be  compelled  to  connect  except  at  its  termi- 
nal points.  Where  the  applicant  is  a  competing  com- 
pany, no  company  shall  be  compelled  to  connect  to 


16  TELEPHONES 

furnish  service  to  points  where  its  own  lines  run  and 
where  it  can  furnish  the  service  itself. 

sec.  9.  Every  telephone  company  whenever  re- 
quired by  the  board  of  telephone  commissioners  shall 
connect  its  lines  with  the  lines  of  any  other -telephone 
company  doing  business  in  the  same  vicinity  and  shall 
furnish  all  reasonable  and  proper  facilities  for  the 
exchange  and  switching  of  messages  between  such 
lines  for  a  reasonable  compensation  and  without  dis- 
crimination and  under  such  rules  and  regulations  as 
the  board  of  telephone  commissioners  may  prescribe. 

Texas.  Laws  of  1907,  p.  462-3.  Requires  all  tele- 
phone companies  doing  business  in  the  state  to  make 
physical  connections  between  their  toll  lines  at  com- 
mon points  for  the  transmission  of  messages  or  con- 
versation from  one  line  to  another.  Such  connection 
to  be  made  through  the  switchboard  of  such  companies 
so  that  the  persons  so  desiring  may  converse  from 
points  on  one  of  such  lines  to  points  on  another. 

sec.  4.  The  city  council  or  commissioner's  court  of 
any  city  shall  upon  the  application  of  100  resident 
citizens,  or  upon  its  own  motion,  hear  such  evidence 
as  they  think  necessary,  and  determine  whether  or  not 
it  would  be  necessary  for  public  convenience  and  just 
to  the  telephone  companies  to  make  such  connection, 
whereupon  they  shall  enter  on  record  their  findings 
and  shall  set  out  in  such  order  the  conditions  upon 
which  such  arangements  shall  be  made  and  shall  de- 
cide what  proportion  of  the  expense  of  such  connec- 
tion shall  be  paid  by  each  company. 

sec.  5.     Any  company  failing  to  so  connect  forfeits 


TELEPHONES  17 

to  the  state  $10  for  each  day  they  so  neglect,  the 
penalty  not  to  be  operative  against  a  company  which 
is  prevented  from  making  connections  through  the 
fault  or  omission  of  another  company  so  long  as  such 
fault  or  omission  shall  cause  such  failure  on  its  part 
to  so  connect.  Right  of  appeal  to  the  court  having 
jurisdiction  is  provided. 

Vermont.  St.  1894,  sec.  4255.  Requires  a  telephone 
company  receiving  a  message  directed  to  any  person 
off  from  such  company's  lines,  if  such  person  resides 
on  the  line  of  another  telephone  company,  to  transmit 
such  message  to  such  other  company's  line  to  be  by  it 
transmitted  to  the  place  of  destination,  if  both  com- 
panies have  offices  in  the  same  village  or  city  in  this 
state.  No  extra  charge  shall  be  made  for  said  trans- 
fer within  the  usual  limits  of  delivering  messages  in 
said  city  or  village  and  the  company  receiving  the 
same  shall  make  no  extra  charge  for  an  additional  date 
construed  by  them  to  be  necessary  because  of  the 
transfer. 

sec.  4257.  A  person  or  corporation  owning  or 
operating  a  telephone  exchange  or  service  in  this  state 
is  required  on  application  of  a  telephone  company  to 
furnish  such  company  with  the  use  of  a  telephone  or 
telephones  and  telephone  service  and  connection  with 
the  respective  exchanges  and  the  subscribers  using 
them  upon  reasonable  terms  without  discriminating  be- 
tween telegraph  or  telephone  companies  as  to  the  con- 
nection, service  or  use  of  instruments  furnished  and 
charges  made. 


18  TELEPHONES 


SALIENT  FEATURES 


The  requirements  for  interchange  of  service  by  the 
transmission  of  each  other's  messages  or  by  actual 
physical  connection  of  the  respective  systems  in  most 
states  are  very  general.  Montana,  South  Dakota  and 
Texas  have  enacted  laws  which  enter  more  into  detail. 

Jurisdiction 

People.  In  Montana,  Oklahoma,  Idaho,  Kentucky 
and  Washington  the  people  have  retained  jurisdiction 
by  requiring  interchange  of  service  under  constitu- 
tional provisions. 

See  Montana,  Const.  1888,  art.  25,  sec.  14:  Oklahoma, 
Const.  1907,  art.  9,  sec.  5;  Idaho,  Const.  1888,  art.  11,  sec.  12; 
Kentucky,  Const.  1891,  sec.  199;  Washington,  Const,  1888, 
art.  12,  sec.  19. 

Legislature.  In  states  where  there  is  no  constitu- 
tional provision  requiring  interchange  of  service  the 
legislature  has  exercised  jurisdiction  by  direct  re- 
quirement or  by  delegating  the  power  to  require  such 
service  to  an  administrative  body,  such  as  telephone 
•commission,  railroad  commission,  corporation  commis- 
sion or  municipal  authority. 

Telephone  commission.  South  Dakota,  laws  of  1907,  c.  239 
sec.  8. 

Railroad  Commission.  Louisiana,  laws  of  1904.  p.  28:  South 
Carolina,  laws  of  1904,  p.  496. 

Corporation  commission.  Oklahoma,  Const.  1907,  art.  9, 
;sec.  5. 

Municipal  authority.  Texas,  laws  of  1907,  p.  402-3. 


TELEPHONES  19 

Compulsory  interchange 

In  some  of  the  states  telephone  companies  are  com- 
pelled to  furnish  interchange  of  service. 

By  '*tatute*.  See  Connecticut,  Gen.  St.  1902,  sec.  3912; 
Ohio,  Bates,  Ann.  Rev.  St.  1787-1900,  sec.  3462,  3471:  Oklaho- 
ma, Const.  1907,  art.  9,  sec.  5;  Kentucky,  Const,  1891.  sec. 
199;  Missouri,  Ann.  St.,  1906,  sec.  1255;  *Xew  York,  laws  of 
1890,  c.  566,  art.  8,  sec.  103:  Saskatchewan  (Canada),  laws  of 
1908,  c.  6,  sec.  17,  18  and  c.  7,  sec.  13,  14;  Vermont,  St.  1894, 
sec.  4257;  Virginia,  laws  of  1906,  c.  310,  sec.  2. 

By  administrative  body.  See  Louisiana,  laws  of  1904.  p.  28: 
South  Carolina,  laws  of  1904,  p.  496:  South  Dakota,  laws  of 
1907,  c.  239. 

Optional  interchange 

In  many  states  the  interchange  of  service  is  optional. 

See  Alabama,  Const.  1901,  sec.  239:  Idaho,  Const.  1888,  art, 
11,  sec.  13;  Indiana,  Rev.  St.  1901,  sec.  5529;  Maine,  Rev.  St. 
1903,  c.  55,  sec.  12;  Maryland,  code  of  public  and  general 
laws,  1904,  art,  23,  sec.  336:  Montana,  Const,  1888.  art.  25, 
sec.  14,  St.  Civil  Code,  1895,  sec.  1001. 

Application  for  interchange  of  service 

Telephone  company.  The  application  must  come 
from  a  telephone  company  desiring  interchange  of 
service  in  many  of  the  states. 

See  Alabama,  Const.  1901, sec.  239;  Idaho,  Const,  1888,  art. 
11,  sec.  13;  Indiana,  Rev.  St.  190i,  sec.  5529;  Maine,  Rev.  St. 
1903,  c.  55,  sec.  12;  Maryland,  Code  of  public  and  general 
laws,  1904,  art.  23,  sec.  336;  Montana,  Const.  1888,  art.  25, 
sec.  14,  St.  Civil  Code,  1895,  sec.  1001;  Saskatchewan,  (Can- 
ada), laws  of  1908,  c.  6,  sec.  17,  18  and  c.  7.  sec.  13,  14:  South 
Dakota,  laws  of  1907,  c.  239. 

Citizens  or  municipal  authority.  In  Texas  the 
municipal  authority  upon  its  own  motion  or  upon  the 
application  of  100  resident  citizens  must  determine  the 


20  TELEPHONES 

necessity  and  justice  of  the  physical   connection   for 
which  application  is  made. 
See  Texas,  laws  of  1907,  p.  462-3. 

Expense  of  connection 

Special  commission.  In  Montana,  in  case  the  com- 
panies cannot  agree,  the  expense  of  connection  is  as- 
sessed by  a  commission  appointed  by  the  court  as 
provided  in  eminent  domain  proceedings,  under  the 
code  of  civil  procedure. 

See  Montana,  Civil  Code,  1895,  sec.  1001. 

Telephone  commission.  In  Saskatchewan  (Canada) 
and  in  South  Dakota  the  telephone  commissioners  ap- 
portion the  expense  between  the  connected  companies. 

See  Saskatchewan,  laws  of  1908,  c.  6,  sec.  17,  18  and  c.  7, 
sec.  14,  15;  South  Dakota,  laws  of  1907,  c.  474. 

Railroad  commission  or  corporation  commission. 
In  South  Carolina  the  railroad  commission  and  in 
Oklahoma  the  corporation  commission  apportion  the 
cost  of  the  connection. 

See  South  Carolina,  laws  of  1904,  p.  496;  Oklahoma,  Const. 
1907,  art.  9,  sec.  5. 

Municipal  authority.  In  Texas  the  city  council  or 
commissioners  court  of  any  city  decides  what  propor- 
tion of  the  expense  of  the  connection  is  to  be  paid  by 
each  company. 

See  Texas,  laws  of  1907,  p.  462-3. 


